(a) Appointment authorized.--Any nonprofit corporation, as defined in 15 Pa.C.S. Pt. II Subpt. C (relating to nonprofit
corporations) maintaining a cemetery or any buildings or grounds open to the public,
or organized for the prevention of cruelty to children or aged persons, or one or
more of such purposes, may apply to the court of common pleas of the county of the
registered office of the corporation for the appointment of such persons as the corporation
may designate to act as policemen for the corporation. The court, upon such application,
may by order appoint such persons, or as many of them as it may deem proper and necessary,
to be such policemen.

(b) Oath of office.--Every policeman so appointed shall, before entering upon the duties of his office,
take and subscribe the oath required by the sixth article of the Constitution of Pennsylvania.
Such oath, together with the decree and order of the court, shall be recorded by the
recorder of deeds of each county in which it is intended that such policemen shall
act.

(c) Powers.--Such policemen, so appointed, shall severally possess and exercise all the powers
of a police officer in this Commonwealth, in and upon, and in the immediate and adjacent
vicinity of, the property of the corporation. Policemen so appointed for a corporation
organized for the prevention of cruelty to children or aged persons, or one or more
of such purposes, shall severally possess and exercise all the powers of a police
officer in any county in which they may be directed by the corporation to act, and
are hereby authorized to arrest persons for the commission of any offense of cruelty
to children or aged persons. The keepers of jails and other places of detention in
any county of this Commonwealth shall receive all persons arrested by such policemen
for purposes of detention until they are dealt with according to law. Every policeman
appointed under this section, when on duty, shall wear a metallic shield with the
words "special officer" and the name of the corporation for which appointed inscribed
thereon.

(d) Compensation.--The compensation of such policemen shall be paid by the corporation for which the
policemen are appointed, as may be agreed upon between the corporation and such policemen.

(e) Termination of appointment.--When any corporation shall no longer require the services of any policeman, it shall
file a notice to that effect, under its corporate seal, in the office of each recorder
of deeds where the court decree and order of appointment of such policeman were recorded.
The recorder of deeds shall note this information upon the margin of the record where
the court decree and order were recorded, and thereupon the powers of such policeman
shall terminate. It shall be the duty of the recorder of deeds to notify the clerk
of the court by which such policeman was appointed of the termination of such appointment
in such county.

Enactment. Chapter 33 was added November 23, 1982, P.L.686, No.196, effective in 30 days. Section
3 of Act 196 of 1982 provided that nothing contained in the act shall affect the validity
of any commissions which are presently valid and issued pursuant to the acts repealed
by Act 196.

Cross References. Chapter 33 is referred to in section 2162 of Title 53 (Municipalities Generally).

22c3301s

§ 3301. Appointment.

A corporation owning or operating a railroad or street passenger railway in this Commonwealth,
including also an authority existing pursuant to Article III of the act of January
22, 1968 (P.L.42, No.8), known as the "Pennsylvania Urban Mass Transportation Law,"
for its entire transportation system, and including an authority existing pursuant
to the act of April 6, 1956 (1955 P.L.1414, No.465), known as the "Second Class County
Port Authority Act," may apply to the Commissioner of the Pennsylvania State Police
upon such forms as he shall prescribe for the appointment of specific persons as the
applicant may designate to act as railroad or street railway policemen for it. The
commissioner, after such investigation as he shall deem necessary, shall recommend
to the Governor the commissioning of such persons as railroad or street railway policemen
or advise the applicant of their adverse recommendations and the reasons therefor.
The Governor, upon such application and recommendation, may appoint such persons to
be railroad or street railway policemen, and shall issue to such persons so appointed
a commission to act as such policemen.

22c3301v

Reference in Text. The act of January 22, 1968 (P.L.42, No.8), known as the Pennsylvania Urban Mass Transportation
Law, referred to in this section, was repealed by the act of August 5, 1991 (P.L.238,
No.26).

22c3302s

§ 3302. Oath of office.

Every railroad or street railway policeman so commissioned shall, before entering
upon the duties of his office, take and subscribe the oath required by Article VI
of the Constitution of Pennsylvania. The oath and commission issued by the Governor
shall be recorded in the office of the Secretary of the Commonwealth, in the county
where the registered corporate office or principal place of business is located and
a copy filed with the commissioner.

22c3303s

§ 3303. Powers and duties.

(a) General powers.--Railroad and street railway policemen shall severally possess and exercise all the
powers of a police officer in the City of Philadelphia, in and upon, and in the immediate
and adjacent vicinity of, the property of the corporate authority or elsewhere within
this Commonwealth while engaged in the discharge of their duties in pursuit of railroad,
street railway or transportation system business.

(b) Detention of arrested persons.--The keepers of jails and other places of detention in any county of this Commonwealth
shall receive all persons arrested by railroad or street railway policemen for purposes
of detention until they are dealt with according to law.

(c) Badge.--Railroad and street railway policemen when on duty shall wear or carry a metallic
shield containing the words "railroad police" or "railway police" and the name of
the authority.

(d) Course of instruction.--Every railroad and street railway police officer shall successfully complete the same
course of instruction required for municipal police officers by the act of June 18,
1974 (P.L.359, No.120), referred to as the Municipal Police Education and Training
Law.

22c3303v

Reference in Text. The act of June 18, 1974 (P.L.359, No.120), referred to as the Municipal Police Education
and Training Law, referred to in subsec. (d), was repealed by the act of December
19, 1996 (P.L.1158, No.177).

22c3304s

§ 3304. Compensation and liability.

The compensation of railroad or street railway policemen shall be paid by their corporate
authority. The Commonwealth of Pennsylvania shall not be held liable for any wrongful
act of any police officer commissioned under the provisions of this chapter.

22c3305s

§ 3305. Termination of appointment.

When the corporate authority no longer requires the services of any railroad or street
railway policemen, it shall file a notice to that effect, under its corporate seal,
in the office of the Secretary of the Commonwealth, in the office of the recorder
of deeds where the oath and commission were recorded and with the commissioner. The
recorder of deeds shall note this information upon the margin of the record where
the oath and commission were recorded and thereupon the powers of the policemen shall
terminate.

The following words and phrases when used in this chapter shall have the meanings
given to them in this section unless the context clearly indicates otherwise:

"Agricultural animal." Any bovine animal, equine animal, sheep, goat, pig, poultry, bird, fowl, wild or semiwild
animal or fish or other aquatic animal that is being raised, kept, transported or
utilized for the purpose of or pursuant to agricultural production.

"Agricultural production." The production and preparation for market of agricultural animals and their products
and of agricultural, agronomic, horticultural, silvicultural and aquacultural crops
and commodities.

"Board." The Humane Society Police Officer Advisory Board.

"Complainant." Any person who has evidence that an individual appointed as a humane society police
officer has performed in a manner that is contrary to the standards, requirements
and qualifications prescribed in this chapter for appointment of individuals as humane
society police officers. The term also includes a district attorney or a municipal
solicitor.

"Convicted." A finding or verdict of guilt, an admission of guilt or a plea of nolo contendere
or receiving probation without verdict, disposition in lieu of trial or an Accelerated
Rehabilitative Disposition in the disposition of felony charges.

"Humane society police officer." Any person who holds a current appointment under this chapter to act as a humane society
police officer for a society or association for the prevention of cruelty to animals.
The term shall include an individual who is an agent of a society or association for
the prevention of cruelty to animals as "agent" is used in 18 Pa.C.S. Ch. 55 Subch.
B (relating to cruelty to animals), provided that individual holds a current appointment
under this chapter.

"Secretary." The Secretary of Agriculture of the Commonwealth.

"Serious misdemeanor." A criminal offense for which more than one year in prison can be imposed as a punishment.

"Society or association." A nonprofit society or association duly incorporated pursuant to 15 Pa.C.S. Ch. 53
Subch. A (relating to incorporation generally) for the purpose of the prevention of
cruelty to animals.

Cross References. Section 3702 is referred to in section 5531 of Title 18 (Crimes and Offenses).

22c3703s

§ 3703. Appointment required.

It shall be unlawful for any individual to hold himself forth as a humane society
police officer unless the individual has obtained an appointment pursuant to this
chapter.

22c3704s

§ 3704. Appointment by nonprofit corporations.

(a) Application for appointment.--A society or association may apply to the court of common pleas in any county for
the appointment of an individual as a humane society police officer for that county
by providing proof of qualification under section 3705 (relating to qualifications
for appointment) to the court of common pleas and to the district attorney. The court,
upon reviewing the application and considering the recommendation, if any, of the
district attorney, may by order appoint such person to be a humane society police
officer.

(b) Oath.--Every individual appointed as a humane society police officer pursuant to this chapter
shall, before entering upon the duties of the office, take and subscribe to the oath
required by Article VI of the Constitution of Pennsylvania.

22c3704v

(June 28, 2017, P.L.215, No.10, eff. 60 days)

2017 Amendment. Act 10 amended subsec. (a).

Cross References. Section 3704 is referred to in section 3718 of this title.

22c3705s

§ 3705. Qualifications for appointment.

In order for an individual to be considered for appointment as a humane society police
officer, the society or association must submit proof satisfactory to the court of
common pleas and the district attorney in each county for which the society or association
directs the individual to act as a humane society police officer that the individual:

(1) Has been a resident of this Commonwealth for the previous 12 months.

(2) Has successfully completed the training program established pursuant to section 3712
(relating to training program).

(3) Has obtained a criminal history report from the Pennsylvania State Police pursuant
to 18 Pa.C.S. Ch. 91 (relating to criminal history record information) or a statement
from the Pennsylvania State Police that the Pennsylvania State Police central repository
contains no pertinent information relating to the individual who is the subject of
the application. The criminal history record information shall be limited to that
which may be disseminated pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to general
regulations).

(4) Has not been convicted of an offense graded a felony or a serious misdemeanor.

(5) Has not been convicted of any violation, including a summary offense, of 18 Pa.C.S.
Ch. 55 Subch. B (relating to cruelty to animals).

(6) Has not been convicted of an offense in another jurisdiction, state, territory or
country in accordance with the laws of that jurisdiction, state, territory or country
equivalent to an offense graded a felony or a serious misdemeanor or an offense of
cruelty to animals.

22c3705v

(June 28, 2017, P.L.215, No.10, eff. 60 days)

Cross References. Section 3705 is referred to in section 3704 of this title.

(a) Grounds for suspension, revocation, limitation or restriction.--By its own action, on petition by a district attorney or pursuant to a written affidavit
filed by a complainant, the court of common pleas may, after conducting a hearing,
suspend, revoke, limit or restrict an appointment of an individual to act as a humane
society police officer in the county if the court determines any of the following:

(1) Being convicted of a felony or a serious misdemeanor in any Federal or State court
or being convicted of the equivalent of a felony in any foreign country, territory
or possession.

(2) Being convicted of an offense of cruelty to animals in any Federal or State court
or being convicted of the equivalent of a cruelty to animals offense in any foreign
country, territory or possession.

(3) Presenting false credentials or documents or making a false or misleading statement
in the application for appointment or a certification of completion of additional
training or submitting an application for appointment or a certification for completion
of additional training containing a false or misleading statement.

(4) Carrying or possessing a firearm in the performance of his or her duties without certification
pursuant to section 3711 (relating to limitation on possession of firearms).

(5) The individual has conducted his or her authority to enforce animal cruelty laws in
a manner that is substandard of conduct normally expected of humane society police
officers.

(b) Notice to department.--Upon action by the court of common pleas to suspend, revoke, limit or restrict an
appointment, the clerk of courts of the county shall forward such information to the
department for the purpose of the Statewide registry established pursuant to section
3714 (relating to Statewide registry).

(c) Restoration.--The court of common pleas may restore a suspended appointment of an individual if
the individual provides to the court evidence sufficient to warrant restoration and
the court determines the grounds for suspension have been satisfactorily corrected
and the individual otherwise qualifies for appointment.

22c3706v

(June 28, 2017, P.L.215, No.10, eff. 60 days)

2017 Amendment. Act 10 amended subsec. (a).

22c3707s

§ 3707. Termination of appointment.

(a) General rule.--All powers and authority granted to an individual under section 3708 (relating to
powers and authority; jurisdiction) shall immediately terminate upon notice to the
individual from the society or association for which appointed that services are no
longer required of the individual.

(b) Notice to court.--The society or association must file notice within ten days of a termination of an
individual as a humane society police officer with the clerk of courts in each county
in which the individual has been appointed as a humane society police officer.

(c) Notice to department.--The society or association must file notice within ten days of a termination of an
individual as a humane society police officer with the department for the purpose
of providing information relevant to the Statewide registry established pursuant to
section 3714 (relating to Statewide registry).

22c3708s

§ 3708. Powers and authority; jurisdiction.

(a) Authority limited to county of appointment.--An individual appointed as a humane society police officer in accordance with this
chapter shall have power and authority to exercise the powers conferred under 18 Pa.C.S.
Ch. 55 Subch. B (relating to cruelty to animals) in enforcement of animal cruelty
laws only within the particular county whose court of common pleas issued the appointment.
The individual has no power or authority to exercise the powers conferred under 18
Pa.C.S. Ch. 55 Subch. B in any other county whose court of common pleas has not issued
an appointment.

(b) Notice to district attorney.--Prior to exercising the power and authority set forth by this chapter within a county,
each appointed humane society police officer shall file notice, along with a copy
of the appointment granted under this chapter, with the district attorney of the county.

(c) Shield.--Every individual appointed as a humane society police officer under this chapter shall
possess a metallic shield with the words "humane society police officer" and the name
of the society or association for which the individual is appointed displayed thereon.

(d) Photo identification.--Every individual appointed as a humane society police officer under this chapter shall
have a photo identification card issued by the department that contains the following:

(1) A photo of the individual taken within the previous 24 months.

(2) The name of the individual.

(3) The signature of the individual.

(4) The name of the society or association for which the individual is appointed as a
humane society police officer.

(5) The address and telephone number of the society or association for which the individual
is appointed as a humane society police officer.

(6) The date of issuance of the photo identification card.

22c3708v

(June 28, 2017, P.L.215, No.10, eff. 60 days)

2017 Amendment. Act 10 amended subsec. (a).

Cross References. Section 3708 is referred to in sections 3707, 3713 of this title.

22c3709s

§ 3709. Penalties.

(a) Criminal penalties.--A person who violates this chapter commits a misdemeanor of the third degree and shall,
upon conviction, be sentenced to pay a fine of up to $1,000 or to imprisonment for
not more than 90 days, or both.

(b) Civil penalties.--In addition to any criminal penalties or other civil remedy, a person, association
or society who violates this chapter may be subject to a civil penalty of up to $1,000.

22c3709v

Cross References. Section 3709 is referred to in section 3717 of this title.

22c3710s

§ 3710. Search warrants.

Notwithstanding contrary provisions of 18 Pa.C.S. Ch. 55 Subch. B (relating to cruelty
to animals) and in addition to the requirements of existing law, all search warrant
applications filed in connection with alleged violations of cruelty to animals laws
must have the approval of the district attorney in the county of the alleged offense
prior to filing.

22c3710v

(June 28, 2017, P.L.215, No.10, eff. 60 days)

22c3711s

§ 3711. Limitation on possession of firearms.

No individual appointed as a humane society police officer shall carry, possess or
use a firearm in the performance of that individual's duties unless that individual
holds a current and valid certification in the use and handling of firearms pursuant
to at least one of the following:

(2) The act of October 10, 1974 (P.L.705, No.235), known as the Lethal Weapons Training
Act.

(3) The act of February 9, 1984 (P.L.3, No.2), known as the Deputy Sheriffs' Education
and Training Act.

(4) Any other firearms program that has been determined by the Commissioner of the Pennsylvania
State Police to be of sufficient scope and duration as to provide the participant
with basic training in the use and handling of firearms.

22c3711v

Cross References. Section 3711 is referred to in section 3706 of this title.

22c3712s

§ 3712. Training program.

(a) Required training.--Every individual, prior to the society or association making application for appointment
as a humane society police officer, shall successfully complete the minimum requirements
for initial training prescribed in the program for initial training of humane society
police officers established in accordance with subsections (b), (c), (d) and (e).

(b) Contracts.--The secretary, with the advice of the board, shall contract with an accredited college
or university, including a community college or other public or private entity, for
the establishment of a program for the training of individuals to act as humane society
police officers. The contracted entity shall forward information pertaining to an
individual's successful completion of the initial training program to the department
for the purpose of maintaining the Statewide registry established pursuant to section
3714 (relating to Statewide registry).

(c) Minimum requirements.--The program for the training of humane society police officers shall include at a
minimum 60 hours of instruction in accordance with subsection (d).

(d) Curriculum.--The program for the training of humane society police officers shall provide instruction
in the following instructional areas:

(1) At least 36 hours of instruction shall be provided on the following:

(i) Pennsylvania cruelty to animal laws.

(ii) Pennsylvania Rules of Criminal Procedure.

(iii) Care and treatment of animals.

(iv) Proper execution of search warrants.

(v) Proper search and seizure practices.

(vi) Any other areas relating to law enforcement duties.

(2) At least 24 hours of instruction shall be provided on the following:

(ii) Practices accepted in the agricultural industry in the raising, keeping and production
of agricultural animals.

(iii) Characteristics of agricultural animals likely evidencing care that is in violation
of the cruelty to animal laws.

(iv) Proper care and handling of agricultural animals pursuant to enforcement of the cruelty
to animals laws.

(v) Treatments administered and research conducted during the normal scope of veterinarian
practices.

(e) Final examination.--The training program shall require individuals, as a prerequisite to successful completion
of the program, to take and pass a final examination that sufficiently measures the
individuals's knowledge and understanding of the instructional material.

(f) Current officers.--Individuals who have been appointed as humane society police officers prior to the
effective date of this chapter are exempt from the initial training requirements pursuant
to this section provided that the individual can provide proof to the secretary of
successful completion of a similar training program for humane society police officers
established under the act of December 12, 1994 (P.L.956, No.135), known as the Humane
Society Police Officer Enforcement Act.

22c3712v

Cross References. Section 3712 is referred to in sections 3705, 3714 of this title.

22c3713s

§ 3713. Continuing education program.

(a) Required training.--During each two-year period following the date in which an individual has been initially
appointed as a humane society police officer, the individual shall successfully complete
the minimum requirements for additional training prescribed in the program for continuous
education of humane society police officers established in accordance with subsections
(b), (c), (d) and (e).

(b) Contracts.--The secretary, with the advice of the board, shall contract with an accredited college
or university, including a community college or other public or private entity, for
the establishment of a continuing education program for the training of individuals
to act as humane society police officers. The contracted entity shall forward information
pertaining to an individual's successful completion of the continuing education program
to the department for the purpose of maintaining the Statewide registry established
pursuant to section 3714 (relating to Statewide registry.)

(c) Minimum requirements.--The continuing education program for the training of humane society police officers
shall include at a minimum ten hours of instruction in accordance with subsection
(d).

(d) Curriculum.--The program for the training of humane society police officers shall provide instruction
in the following instructional areas:

(1) At least six hours of instruction shall be provided on the following:

(i) Pennsylvania cruelty to animals laws.

(ii) Pennsylvania Rules of Criminal Procedure.

(iii) Care and treatment of animals.

(iv) Proper completion of search warrants.

(v) Proper search and seizure practices.

(vi) Any other areas relating to law enforcement duties.

(2) At least four hours of instruction shall be provided on the following:

(ii) Practices accepted in the agricultural industry in the raising, keeping and production
of agricultural animals.

(iii) Characteristics of agricultural animals likely evidencing care that is in violation
of the cruelty to animals laws.

(iv) Proper care and handling of agricultural animals pursuant to enforcement of the cruelty
to animals laws.

(v) Treatments administered and research conducted during the normal scope of veterinarian
practices.

(e) Automatic suspension.--Failure to complete the continuing education program as prescribed in subsection (a)
shall result in an individual's automatic suspension of the powers and authority set
forth in section 3708 (relating to powers and authority; jurisdiction) until such
time as the individual successfully completes the continuing education requirements.

22c3713v

Cross References. Section 3713 is referred to in section 3714 of this title.

22c3714s

§ 3714. Statewide registry.

(a) Establishment.--There is hereby established a Statewide registry within the department for the purpose
of maintaining information relating to individuals appointed as humane society police
officers.

(b) Access to registry.--The information included within the Statewide registry shall be made accessible to
the public through the department's World Wide Web site and shall include the following:

(1) The name of each individual appointed as a humane society police officer.

(2) The name and address of the society or association for which each individual is appointed
as a humane society police officer.

(3) The counties in which the individual has been appointed as a humane society police
officer and dates of appointment.

(4) The counties in which the individual has had an appointment revoked, suspended, limited
or restricted, the action taken by the court and dates of action.

(5) The dates of successful completion of the training program established in section
3712 (relating to training program) and the continuing education program established
in section 3713 (relating to continuing education program).

(c) Updates.--The department shall update the registry within ten days of receiving information
required for inclusion on the Statewide registry.

(d) Confidential information.--At no time shall the home address or any other related personal information of an
individual appointed as a humane society police office be made public through the
Statewide registry.

22c3714v

Cross References. Section 3714 is referred to in sections 3706, 3707, 3712, 3713 of this title.

22c3715s

§ 3715. Humane Society Police Officer Advisory Board.

(a) Advisory board.--The secretary shall appoint a Humane Society Police Officer Advisory Board to advise
him in the administration of this chapter.

(b) Membership.--The board shall consist of the following:

(1) The secretary or his designee, who shall act as a chairman.

(2) A representative of a society or association for the prevention of cruelty to animals.

(3) A humane society police officer.

(4) A representative of a Statewide veterinary medical association.

(5) A representative of a farm organization.

(6) A district attorney or his designee.

(7) A representative of the police.

(8) A district justice.

(9) A court of common pleas judge or his designee.

(10) A clerk of courts.

(11) A representative of the Pennsylvania Game Commission.

(c) Terms.--The length of the initial term of each appointment to the board shall be set by the
secretary and shall be staggered so that the terms of approximately one-third of the
appointments expire every other year.

(d) Absences.--Three consecutive unexcused absences from regular board meetings or failure to attend
at least 50% of the regularly scheduled board meetings in any calendar year shall
be considered cause for termination of appointment unless the secretary, upon written
request of the member, finds that the member should be excused from attending a meeting
because of illness or death of a family member or for a similar emergency.

(e) Vacancies.--Vacancies in the membership of the board shall be filled for the balance of an unexpired
term in the same manner as the original appointment.

(f) Recommendations.--The board may make nonbinding recommendations to the secretary on all matters related
to the provisions of this chapter.

22c3715v

References in Text. Section 28 of Act 207 of 2004 provided that any and all references in any other law
to a "district justice" or "justice of the peace" shall be deemed to be references
to a magisterial district judge.

22c3716s

§ 3716. Costs.

In addition to any fines, fees or other penalties levied or imposed under this chapter
or any other statute, a cost of $50 shall be imposed upon conviction for any violation
of 18 Pa.C.S. Ch. 55 Subch. B (relating to cruelty to animals) other than a summary
offense. Costs collected under this section shall be disposed of in accordance with
section 3717 (relating to disposition of moneys).

22c3716v

(June 28, 2017, P.L.215, No.10, eff. 60 days)

Cross References. Section 3716 is referred to in section 3717 of this title.

22c3717s

§ 3717. Disposition of moneys.

Notwithstanding the provisions of 42 Pa.C.S. §§ 3571 (relating to Commonwealth portion
of fines, etc.) and 3573 (relating to municipal corporation portion of fines, etc.),
all costs imposed and collected under sections 3709 (relating to penalties) and 3716
(relating to costs) by a division of the unified judicial system existing under section
1 of Article V of the Constitution of Pennsylvania and 42 Pa.C.S. § 301 (relating
to unified judicial system) shall be remitted to the Commonwealth for use by the department
for administering this chapter.

22c3717v

Cross References. Section 3717 is referred to in section 3716 of this title.

22c3718s

§ 3718. Applicability to currently appointed individuals.

Any individual appointed prior to the effective date of this chapter as a humane society
police officer in the county of the registered office of the society or association
for which the individual was previously appointed shall not be required to apply for
appointment by the court of common pleas in that county under this chapter. Such individual
shall be required to apply for appointment pursuant to section 3704 (relating to appointment
by nonprofit corporations) in each county other than the initial county of appointment
if directed by the society or association.